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Sunday, November 17, 2013

United States v. McCaskill case brief

United States v. McCaskill case brief summary
202 Fed.Appx. 70 (2006)

CASE SYNOPSIS

Defendant was convicted of conspiracy,
wire fraud, and possession of forged securities. The United States
District Court for the Eastern District of Michigan sentenced
defendant to 188 months of imprisonment. Defendant appealed his
conviction and sentence.

CASE FACTSThe victim sought private,
unconventional financing to build a mill in North Dakota to grind
organic grains into flour. Defendant, along with others, operated a
scam in which they took $ 35,000 from the victim.

DISCUSSION

The appellate court
found that the prosecutor's isolated remark about defendant being
"put under oath" was made in response to defendant's
repeated attempt to argue facts to the jury that were not introduced
into evidence at trial.

Another witness' testimony was admitted for a
proper purpose--either as Fed. R. Evid. 404(b) evidence
used to establish defendant's intent to commit the crimes charged or
as non-Rule 404(b) evidence that was inextricably intertwined
with, or provided background evidence of, the crimes charged.

Because
defendant did not object to the pre-sentence report, the
judicially-found facts did not result in a sentence that was beyond
the statutory maximum; did not result in a sentence violative of
defendant's Sixth Amendment rights; and did not result in a
violation of defendant's ex post facto-type due process rights.

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